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Temporary Resident Status

Operational Bulletin 427 - May 29, 2012Restructuring of the North American Processing Network and Closure of the Visa Office at the Canadian Consulate General in Buffalo – Temporary Residence Program

Effective immediately, the North American processing network has been restructured to modernize and streamline processing of temporary resident applications abroad. As part of the restructure, the visa section of the Canadian Consulate General in Buffalo has been closed to the public and the temporary resident workload at all visa offices in the United States (U.S.) has been re-aligned...............If you reside in Canada, hold a valid work or study permit and are
seeking a new temporary resident visa counterfoil from the Case
Processing Pilot – Ottawa, refer to the CPP-O link.

This application is for people who reside outside of Canada and need a temporary resident visa (TRV) to visit Canada for a temporary purpose such as tourism, visiting family or friends, or business trips. As
of May 29, 2012, this application is also for people who reside in
Canada, hold a valid study or work permit and are seeking a new
temporary resident visa counterfoil.

Instructions

As of May 29, 2012, clients from visa required countries present in Canada and holding a valid study or work permit must apply for a temporary resident visa counterfoil at CPP-O or at the visa office serving their country of nationality.

Methods of Payment

Application fees must be submitted through the
same means as other in-Canada applications; either by submission online
or at a Canadian financial institution (see instructions at the
following link).

Note that CPP-O will not take any other forms of payment, including money orders, certified cheques, bank drafts, etc.

Where further examination is required

If further examination or an interview is required, the application will normally be forwarded to a visa office within the U.S. (New York, Los Angeles, Detroit, Seattle or Washington, D.C.). The U.S.
visa office will finalize the application, which includes issuing the
counterfoil if approved or issuing the refusal letter. The passport
and a letter advising that the file has been transferred will be sent
to the applicant.

External Client Enquiries

If you are currently a temporary resident in Canada with valid
status (ie: valid study or work permit) and want to apply for a new
temporary resident visa to return to Canada before you leave, you can
do so with our Case Processing Pilot office in Ottawa (CPP-O), an extension of CIC’s overseas network.

You can apply in Canada if you are:

A legally admitted temporary resident (student or temporary foreign worker only) in Canada with a Canadian residential address,

your current temporary resident status is still valid,
and your existing counterfoil is expired and/or was valid for only one
entry, and

you require a new temporary resident visa to return to Canada in the near future.

If this does not apply to you, see CIC general instructions on How to Apply.

According to the IRPA and its Regulations, visitors, students, workers and temporary resident permit holders are all now subcategories of the category temporary resident.

This
structure was created to make it clear that there is a distinction
between the basis upon which a foreign national seeks entry into Canada
(i.e., either as a permanent resident or a temporary resident) and the
activity that the foreign national intends to undertake while in Canada
temporarily (i.e., working, studying or just visiting).

As
Canadian visitor visas were used to help facilitate the entry of most
temporary residents, regardless of the activity that was going to be
undertaken, it was felt that the term “temporary resident visa” (TRV)
best reflected the new structure of IRPA.

Therefore, throughout this chapter, the terms “temporary resident” and “temporary resident visa” will be used.

Implied status

Work without a work permit R186(u)—Implied status

R186(u) allows for persons to continue working under the conditions of an expired work permit, as long as they applied for a new work permit before the original work permit expired and have remained in Canada.

Once the decision has been made, the client will either have to leave Canada or will continue as a worker who holds a valid work permit.

A temporary resident must apply to extend their period of authorized stay before it ends.

If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)].

Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

A temporary resident with implied status who has left Canada may:

be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are TRV exempt as per R190 or on a multiple-entry visa. They may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the BSO that they have sufficient means of support. (Note that this applies to foreign nationals who are TRV exempt as per R190(3)(f) and to those on multiple-entry visas.)

be allowed to apply for a new work or study permit at the port of entry provided they have a right to do so under the Regulations.

A temporary resident must apply to extend their period of authorized stay before it ends.

If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)].

Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

A temporary resident with implied status who has left Canada may:

• be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are TRV exempt as per R190 or on a multiple-entry visa. They may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the BSO that they have sufficient means of support. (Note that this applies to foreign nationals who are TRV exempt as per R190(3)(f) and to those on multiple-entry visas.)

• be allowed to apply for a new work or study permit at the port of entry provided they have a right to do so under the Regulations.

Loss of status [R10(2)]

Individuals whose applications are returned as per R12 may lose their status (for example, temporary residents who wish to extend or vary the conditions of their stay as a visitor, worker or student).

Regardless of the length of time remaining in which the applicant has status in Canada, if the application does not meet the requirements of the Regulations (including R10) it should be returned with a letter explaining the reasons for the return.

It is the applicant’s responsibility to ensure that their temporary resident status does not expire while they are in Canada.

When such an application is returned, it is not considered to be in process. Consequently, the foreign national does not benefit from the implied status provisions of R183(5) or R183(6).

Foreign nationals who have lost their temporary resident status for any of the reasons found in A47 may, within the time frame prescribed by R182, apply for restoration of their temporary resident status.

For more information on implied status, see IP 6, Section 5.5; for information on restoration, see IP 6, Section 5.7.

Restoration of status

You may seek restoration within 90 days after your
status as a visitor, student or worker has been lost, if you have only
failed to comply with one or more of the following conditions:

You lost status because you remained in Canada longer than the period authorized for your stay (but not longer than 90 days)

You changed employers, type of work, or location of work without
applying to change these conditions if they were specified on your
visitor record. (Applicable to those workers not requiring a work
permit).

You changed the type of studies, educational institution, location
of studies, or times and periods of studies without applying to change
these conditions on your study permit if they were specified on your
study permit

You continue to meet the initial requirements for your stay and have not failed to comply with any other conditions imposed.

You have committed an offence under the Immigration and Refugee Protection Act
if you have not abided by the conditions that were imposed when your
entry was authorized.You may voluntarily leave Canada or you may be
subject to an admissibility hearing that could lead to removal from
Canada. Your temporary resident status in Canada will have been lost.

You may wish to complete an application to apply for restoration of
temporary resident status but there is no guarantee that your
application will be accepted. On your application you must provide full
details of all the facts and circumstances that resulted in you
committing the offence.

There is a fee for extension of temporary resident status. However,
the regular fee for temporary resident status is not required if
applying for restoration. Restoration applies to each member who has
lost his or her status.

An officer will evaluate your request for restoration of status and you will be advised of any further action to be taken.

Many visitors to Canada are required to obtain a visa prior to travelling (see Appendix II, item 7). This
requirement is waived for citizens of certain countries. A complete and up-to-date listing of persons who
do and do not require visas to travel to Canada can be found at www.cic.gc.ca/english/visit/visas.asp.

Temporary resident visas are issued as either a single or multiple-entry visa.

To facilitate the screening of passengers and prevent the re-use of a single-entry temporary resident visa,
the examining officer at the port of entry will indicate on the visa that it has been used, thus invalidating
it for future use. The officer draws a diagonal line from the upper left to the bottom right-hand corner of
the visa. A visa can be issued up to six months prior to the expected travel date and is never issued with a
validity period that exceeds the validity of the travel document.

Persons who have entered Canada as temporary residents, students or temporary workers with
single-entry visas may return to Canada after visiting a contiguous territory (the United States or
Saint-Pierre and Miquelon) without obtaining a new visa, provided the return is within the period of entry
authorized, or where no specific period is indicated, within six months of the original entry stamp.

Multiple-entry temporary resident visas are issued to persons who have reason to visit Canada repeatedly.
The maximum validity of a multiple-entry visa is ten years. Visas are never issued with validity periods
that exceed the validity of the travel document.

Temporary resident permits

Effective April 30, 2005, Canadian missions abroad no longer issue temporary resident permits. As of that
date, such permits are issued only in Canada. Transporters must ensure that nonvisa exempt passengers
have one of the following documents:

a valid visa;

a valid Temporary Resident Permit issued prior to April 30, 2005. Such permits contain the words
"AUTHORIZED TO LEAVE AND RE-ENTER CANADA"; or

a facilitation counterfoil in their passport or travel document. The facilitation counterfoil will be
shown as valid for a single or multiple entry.

Transporters may be subject to administration fees in respect of passengers who arrive in Canada with
Temporary Resident Permits issued on or after April 30, 2005, stating that they are "NOT VALID FOR
TRAVEL TO CANADA."

Single journey travel document

The single journey travel document (SJTD) [see Appendix II, item 5. (a)] serves to facilitate oneway travel
to Canada under limited and exceptional circumstances to those who are otherwise unable to obtain a
prescribed travel document (i.e. passport).

The SJTD will be issued in conjunction with a counterfoil visa and will include a die-cut photo. Without
seals over the counterfoil and photo, the document is not valid for travel. The document will be recovered
by the port of entry officers upon arrival in Canada.

On March 11, 2010, CIC amended the Immigration and Refugee Protection Regulations
to clarify the factors used to determine which travel documents can be
used to apply for a visa, and to travel to or enter Canada.

Under these Regulations, the following travel documents are considered unreliable and are not acceptable for entry into Canada:

you have resided or stayed temporarily for six or more consecutive months in a designated country or territory
in the one year immediately preceding the date you sought entry into
Canada. This applies even if you are a citizen of a country where you
do not require a visa to enter Canada.

Jobs for which you need a medical examination

Depending on your intended occupation while in Canada, certain temporary foreign workers are required to undergo a medical examination. The following list provides examples of such occupations. This list is not all-inclusive.

Occupations that bring you into close contact with people, namely:

workers in the health sciences field

clinical laboratory workers

patient attendants in nursing and geriatric homes

medical students admitted to Canada to attend university

medical electives and physicians on short-term locums

teachers of primary or secondary schools or other teachers of small children

domestics

workers who give in-home care to children, the elderly and the disabled